“The judiciary was the superego to the legislature’s id.” University of Miami School of Law Associate Professor Sergio Campos, discussing a law review article that explores the lessons from James Madison’s failed attempt to include in the U.S. Constitution a body composed of judges, the Council of Revision, that would have been given a qualified veto over every bill approved by Congress. According to Campos, “The biggest lesson is that we should not equate democracy with majoritarian rule. Madison’s proposed Council of Revision, which would have been able to veto legislation on policy grounds, demonstrates that Madison did not view the judiciary as providing an antidemocratic check. Instead, he viewed the judiciary as performing a crucial democratic function by introducing deliberation and rationality to lawmaking, separated from the passions that drive normal politics.”
Courtslaw.jotwell, May 31, 2013.